Head contract meaning

This Checklist is primarily for use on the assignment of a commercial lease This is a guidance tool for assignments of commercial leases. It is not comprehensive and may not address every circumstance on each deal. You should always consider whether any additional matters require attention. It works on the basis that: the lease relates to commercial premises let at an open market rent to an occupier, on terms under which the landlord insures the premises the assignor has used the premises for business purposes and the assignee likewise intends to use them for their business the lease is a head lease and the premises are not held under any underleases the lease is not subject to a fixed charge (this would be uncommon in practice), and no premium is payable If the assignment forms part of a wider or more complex arrangement, you may find further relevant material in Acquisition of commercial property (buyer)—checklist and Practice Note: Transferring...

This checklist is intended chiefly for assignments of commercial leases. It is not comprehensive and cannot anticipate every scenario across all deals. Always consider whether additional points require attention. It proceeds on the basis that: the lease concerns commercial premises let at open market rent to an occupational tenant, with the landlord providing the insurance the assignor uses the premises for its business and the assignee likewise plans to occupy for business purposes the lease is a head lease and the premises are free of any underleases the lease is not secured by a fixed charge (which would be rare in practice), and no premium is payable Where the assignment forms part of a broader or more intricate arrangement, consult Sale of commercial property (seller)—checklist and Practice Note: Transferring commercial property—a practical guide. When acting for the assignee, refer to Assignment of a rack rent lease (assignee)—checklist. Preliminary matters See also Practice Note: Transferring commercial property—a practical guide—Preliminary...

Oran and Oaken v Oved CA 004/2025 What are the practical implications of this case? The decision signals that the Dubai International Financial Centre (DIFC) Courts will be slow to issue anti-suit injunctions restraining foreign proceedings unless such relief is anchored in a recognised head of DIFC jurisdiction. It also makes plain that Article 32 of the DIFC Court Law No. 12 of 2004 (the Judicial Authority Law) may supply a power, but does not, by itself, bestow jurisdiction on the court. The judgment further confirms that a reference to Dubai in an arbitration clause does not automatically denote the DIFC, and that identifying the seat is a fact-specific, context-driven inquiry. Lastly, it offers guidance on the correct reading of a consumer contract for the purposes of Section 12 of the 2008 DIFC Arbitration Law, as amended... What was the background? The dispute stems from air-ambulance services supplied by Oved, a company incorporated in the UK, to the late Mr Oran and Mr Oaken (together, the...

Prepared by Pépin Aslett, barrister and Head of the Business and Property Team, St John’s Buildings, together with Lucas Gregory, pupil barrister, St John’s Buildings. URE Energy Ltd v Notting Hill Genesis [2024] EWHC 2537 (Comm) What are the practical implications of this case? This decision highlights several practical points for practitioners to bear in mind when asked to draft contractual terms or to advise in matters raising the defence of waiver by election. In deciding whether a rights holder suspected that a right might be engaged—and therefore should not have turned a blind eye—the court considered the following: any correspondence or discussions concerning the contract and any potential breaches whether the clause in question would have been prominent or of real significance to a party when negotiating and agreeing the contract whether the term had been expressly brought to that party’s attention whether the provision was drafted in clear language and likely to be readily understood by that individual ...

JX v FTI Touristik GmbH, Case C-774/22 What are the practical implications of this case? The JX v FTI Touristik GmbH judgment is a landmark illustration of how the Brussels I (recast) Regulation reinforces consumer protection by enabling consumers to pursue proceedings in their local court. Crucially, the ruling prevails over domestic procedural rules, including those in Germany, which would ordinarily oblige a consumer to sue at the trader’s seat. By contrast, the Regulation permits consumers to bring actions before their home courts, even where the company is established in the same Member State. This is especially pertinent where the contract has cross-border features, for example international travel, as it lightens the legal burden on consumers. For firms, the decision means they must be ready to defend claims away from their place of business, potentially at the consumer’s home forum. This may drive up legal spend and calls for careful scrutiny of jurisdiction clauses in consumer contracts, where national law permits their use. Legal advisers should alert clients...

Interim ‘springboard’ injunctions This Practice Note examines the character and reach of interim ‘springboard’ injunctions, deployed to stop a transgressor securing an unfair competitive advantage arising from unlawful conduct. It addresses the particular circumstances in which an employer may seek a springboard injunction to curb the actions of a former employee, the evidential requirements that must be met to obtain the order, and the means by which protection is delivered in practice. It also considers how the length and breadth of the injunction can be confined and tailored. On occasion, an employer will pursue an injunction to shield themselves from the conduct of a former employee who, before employment ended, breached a post-termination restriction (restrictive covenant) or misused the employer’s confidential information and, by that misuse, gained an unfair competitive advantage over their former employer. An interim order intended to neutralise any unfair competitive advantage that might be obtained through misuse of an employer’s confidential information, breach of contract, or the commission of a tort, is commonly called...

Court of Appeal—professional negligence ARCHIVED : This Practice Note has been archived and is not maintained. The Court of Appeal upheld an appeal in a claim against solicitors, holding that the loss of a chance head of damage was too remote. At first instance, the judge concluded that Lewis Silkin LLP had fallen below the required standard by not advising their client to include a jurisdiction provision in his employment agreement with a franchisee involved in the Indian Premier League’s Twenty20 competition. Because no jurisdiction clause appeared in the contract, when the client later issued proceedings against the franchisee over a severance entitlement, he faced jurisdictional challenges (ultimately dismissed) brought by the franchisee, which postponed his obtaining judgment for £10 million in severance. The client’s case was that, with proper advice on jurisdiction, the contract would have contained an exclusive jurisdiction clause. On that footing, he said, he would have secured judgment for the severance sum sooner (as there would have been no hold‑ups arising from jurisdiction objections) and...

Introductory guide to construction law This starter guide to construction law is intended for trainee solicitors and anyone new to construction as a practice area. It concentrates on the core principles that govern construction law and projects, and signposts numerous links to Lexis+® UK Construction material offering fuller coverage of the subjects discussed. New starters will also find the Overviews within each topic on Lexis Construction+® UK useful. If a point sits outside this brief guide, head back to the Construction+® UK homepage to explore more content, or use LexisAsk to put a question to the team. For those handling disputes, see also Practice Note: Construction disputes—new starter guide. Topics covered What do construction lawyers do? Parties to a construction project Project structure (procurement) Pricing Timeline of a construction project Is there any specific legislation? Building contracts Consultant appointments Collateral warranties and third-party rights—what are they? What other construction documents should be noted? Construction disputes...

[ Insert in para 8.2 of claim form ET1: ] The Respondent engaged the Claimant as a [ job title ]. She was based at the Respondent’s premises at [ insert address ], where she was one of only three women employed. [ It was an implied term of the Claimant’s employment contract that the Respondent would not behave in a way calculated or likely to erode the mutual trust and confidence between employer and employee. ] The Claimant contends that the Respondent subjected her to [ a course of ] discrimination, sex-related harassment, harassment of a sexual nature, and victimisation, which encompassed discriminatory and constructive unfair dismissal. On or around [ insert date ], her colleague, [ insert name ], asked her to send him certain sales reports. She informed [ insert name ] that she was in the process of compiling the figures and would supply the full report after lunch. He replied, ‘No need to bite my head off. Is it that...

ARCHIVED : This Precedent has been archived and is not maintained. To: The [ directors OR partnership ] [ Insert the Tenant’s name, address and (if applicable) company registration number ] Dear [ insert organisation name ] [ Insert the name and address of the Property ] (the Property) 1 Scope of this report and reliance This report has been produced solely for your benefit, relating to your intention to take a lease of the Property from [ insert name and address of Landlord ] (the Landlord), at an initial yearly rent of £[ insert rent ] [ plus VAT ]. It proceeds on the basis that the Property will be used as a [ insert current use ] and that you do not plan to redevelop it [ or undertake any alterations to it ]. Our conclusions are drawn from a review of the Landlord’s [ and Head Landlord’s ] title, the Landlord’s replies to pre‑contract enquiries, and the results of searches....

Key information Firm name [ Please insert the firm name here ] Role holder name [ Please insert the name below ] Reporting to [ Please insert the name of the line manager ] Employment type [ Full-time/Part-time/Contractor ] [ If this is a contractor position, specify the length of the contract ] Main location [ Insert the primary location for this role—where attendance is regularly required across multiple locations, eg in each regional office, make sure this is clearly set out ] Remote/hybrid/office-based?...